A DUI Can Haunt Your Life And Career
Michigan has a variety of drunk driving offenses including Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), Operating Under the Influence of Drugs (OUID) and Operating with the Presence of Drugs (OWPD). These can be based upon any driving that is visibly affected by alcohol, a controlled substance, or a combination of both.
At Gormley and Johnson Law Offices, PLC, our Howell and Fowlerville attorneys defend individuals throughout the surrounding areas of Michigan (including Lansing/East Lansing and Brighton) who have been charged with these criminal offenses. We can advise you about what to do if you are pulled over, and we can defend your rights. Call us at 517-219-9301 for a free consultation.
What Does It Take To Be Charged With Drunk Driving?
Michigan law presumes that a driver is under the influence when a driver’s blood alcohol concentration (BAC) is .08 or higher. There can also be special categories for commercial drivers and persons under 21 years of age found to be operating a motor vehicle with a much lower blood alcohol level.
Also, any driver could be convicted of OWVI if the driver has any blood alcohol level and his or her ability to operate is found to be visibly and substantially impaired by the consumption of the alcohol. A driver over the age of 21 who shows absolutely zero sign of poor driving, but who has a blood alcohol concentration of .08 or higher can be convicted.
Michigan’s ‘Super Drunk’ Law
Starting in November of 2010, Michigan became one of the first states to enact a new drunk driving charge commonly referred to as the “Super Drunk” law. Under this new law, first time offenders with a blood alcohol level of .17 or above, face a charge punishable by up to 180 days in the county jail, license suspension for one year with a 45-day complete or “hard” suspension. A ‘Super Drunk’ driver could be eligible to obtain a restricted license after the 45 days, if the driver meets certain conditions.
Consequences For Repeat Convictions
A second drunk/drugged driving conviction within seven years of a prior drunk/drugged driving conviction can result in a one-year misdemeanor and vehicle immobilization, among other penalties. Additional penalties include a mandatory license revocation, not just a suspension of your license, for a period of time.
To get a driver’s license restored after such a revocation can be a time-consuming and very difficult process requiring the revoked driver to carry the burden of proving that the Secretary of State should reinstate his or her driver’s license.
A third drunk/driving offense in a driver’s lifetime can result in a felony charge punishable by up to five years in state prison. It no longer matters what your prior drunk/drugged driving conviction was for or how long ago it occurred. License revocation is mandatory and vehicle immobilization (at your expense) can be applicable.
Drunk/drugged driving offenses can be enhanced if there is a resulting serious injury or death. In these types of cases, significant prison time is a serious consideration.
We Will Investigate The Details On Your Behalf
Knowing the details of a drunk driving arrest is critical. Gormley and Johnson Law Offices, PLC, reviews your case thoroughly and investigates possible officer or police equipment errors or malfunctions which may provide you an additional defense. Expert witnesses can be utilized to provide scientific evidence that may help your case. Experts can provide important information on the accuracy and validity of the Datamaster and Preliminary Breath Testing devices as well as field sobriety tests.